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Home » Topics » Inside Mortgage Finance » Legislation

Legislation
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Industry Reps, Allies Set the Stage For Changes to CFPB, Dodd-Frank

January 3, 2017
As 2016 drew to a close, various industry officials were busy making the case for legislation that would alter the structure of the CFPB and clip its wings as part of a strategy to scale back the Dodd-Frank Act and provide lenders with significant regulatory relief. Industry officials are confident they will encounter a more sympathetic White House with Donald Trump as the occupant. Analysts with Compass Point Research & Trading believe a number of important issues will be addressed as part of the final legislative regulatory relief package, including governance changes shifting the CFPB, as well as the Federal Housing Finance Agency and the Office of the Comptroller of the Currency, into commission structures. They also expect to see ...
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Banks, CUs Urge Changing CFPB to a Commission Structure

January 3, 2017
A handful of industry groups representing banks and credit unions wrote to Senate leaders recently, making the case for switching the leadership structure of the CFPB from a single director to a multi-member commission, which was how the bureau was initially envisioned by early advocates such as Elizabeth Warren, then an adviser to President Obama. In a letter to Senate Majority Leader Mitch McConnell, R-KY, and Minority Leader-elect Chuck Schumer, D-NY, the Consumer Bankers Association, the Credit Union National Association, the Independent Community Bankers of America, and the National Association of Federal Credit Unions urged lawmakers to pass legislation to create a five-person, bipartisan board to govern the bureau. “The CFPB is an independent regulatory agency that provides the sole ...
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Two House Bills Push to Expand GSE Credit-Risk Transfers

December 22, 2016
Two House bills introduced last week focus on making sure Fannie Mae and Freddie Mac broaden their scope of credit risk-sharing transactions through pilot programs and the use of deeper mortgage insurance coverage. The “Taxpayer Protections and Market Access for Mortgage Finance Act of 2016” would require the Federal Housing Finance Agency to push the GSEs to transfer at least 400 basis points of their total risk. Meanwhile, the “Moving Housing Forward Act” would set up a system for Fannie and Freddie to sell off some of the “catastrophic” risk retained by the GSEs on mortgage-backed securities issued in the to-be-announced market.
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FOMC Finally Raises Interest Rates, Projects More in 2017. Higher Rates May be Here to Stay, Analysts Say

December 16, 2016
This week, for only the first time this year and only the second time in the last decade, the Federal Reserve raised interest rates by 25 basis points, a move widely expected by market participants. What captured more attention was an upward adjustment of the Federal Open Market Committee’s so-called “dot plot,” suggesting that the U.S. central bank anticipates possibly raising rates three times during each of the next three years. Last year at this time, the FOMC raised...
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New House Bills Focus on Increasing GSE Credit Risk- Sharing Through Pilot Programs, Deeper MI Coverage

December 15, 2016
Legislation introduced in the last weeks of the 114th Congress would push Fannie Mae and Freddie Mac deeper into the risk-sharing pool, including forcing them into a front-end structure they have so far resisted. The “Taxpayer Protections and Market Access for Mortgage Finance Act of 2016” would require the Federal Housing Finance Agency to push the two government-sponsored enterprises to transfer at least 400 basis points of their total risk. While it’s not clear how the legislation intends this to be measured, it appears...
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GSEs to Dabble in Personal MH

December 15, 2016
Fannie Mae and Freddie Mac will launch pilot programs to purchase personal loans tied to manufactured housing under the final duty-to-serve regulation released this week by the Federal Housing Finance Agency. The duty-to-serve requirement was mandated by Congress eight years ago but has never been implemented. The government-sponsored enterprises will devise three-year plans for serving low- and moderate income households in three underserved areas: manufactured housing, affordable housing preservation and rural housing. Like the annual affordable housing goals set for the GSEs, the duty-to-serve requirement does not include...
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With Coming Change in Executive Branch, Analysts Assess Regulatory Regime Imposed After the Financial Crisis

December 9, 2016
With November’s election potentially unraveling key features of the financial regulatory structure instituted over the past eight years, experts say it’s time for policymakers to figure out what’s working and what needs to be fixed. During a panel session hosted by the Bipartisan Policy Center, Richard Berner, director of the Office of Financial Research, said that more information is needed about liquidity because a lack of it is often cited as one of the unintended consequences of regulation. “Market liquidity is...
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Mnuchin GSE Privatization Comments Cause a Stir

December 9, 2016
Comments made by Treasury Secretary Designate Steven Mnuchin about privatizing Fannie Mae and Freddie Mac caused much speculation around Washington last week. But analysts predict that privatization in the near term is unlikely. Mnuchin criticized the fact that the GSEs have been in conservatorship this long. During a cable television interview he said, “We’ve got to get Fannie and Freddie out of government ownership,” adding that it often displaces private lending in the mortgage markets. “So let me just be clear. We’ll make sure that when they’re restructured they’ll be safer and they won’t get taken over again, but we’ve got to get them out of government control.”
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Royce Introduces Bill to Increase CRT Activity with Private Sector

December 9, 2016
House Financial Services Committee members Rep Ed Royce, R-CA, and Rep. Gwen Moore, D-WI, introduced a bill this week to make it mandatory for the GSEs to increase credit risk transfers with the private sector. It includes provisions regarding deep coverage mortgage insurance. The Taxpayer Protections and Market Access for Mortgage Finance Act (H.R. 6487) is a way for Congress to encourage Fannie Mae and Freddie Mac to increase the amount and the types of credit risk transfer transactions to the maximum level that is economically and commercially viable, said Royce.
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Trump Has Vowed to Clamp Down on Regulations, But He Faces Limited Unilateral Powers, Long Odds

December 8, 2016
During his successful campaign for the White House, then-candidate Donald Trump won applause and support from the business community for his promise to substantially cut back on federal regulations. Many in the mortgage lending community had hopes the plan would include some relief from the mortgage regulations issued by the Consumer Financial Protection Bureau. Among other things, Trump said he would issue a temporary moratorium on “new agency regulations that are not compelled by Congress or public safety [and] cancel immediately all illegal and overreaching executive orders.” Richard Horn, who worked on the CFPB’s integrated-disclosure rulemaking known as TRID, said...
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